Legal Memo Template Introduction: TO: Assigning Lawyer FROM: You DATE: When Memo is Due RE: [Case/Matter...
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Legal Memo Template Introduction: TO: Assigning Lawyer FROM: You DATE: When Memo is Due RE: [Case/Matter Number] [Client Name] [Matter Name] = [Subject of Memo] Question Presented: (1 paragraph) You will introduce the memo and the question asked of you. This is good practice as many lawyers are handling hundreds of files and they may not remember what they asked you to do. Your grade will reflect your ability to articulate the question asked of you. Short Answer: (1 paragraph) You will then state a short answer. Your grade will reflect your ability to summarize the answer and use only pertinent facts in the short answer. This is where you state your opinion in two or three sentences. There will be time to address all aspects of the issues in the main portion of the memo. Background/Facts: (1 paragraph) You will introduce the facts of the case briefly and as applicable to your memo. You will lose grades for including any facts that do not pertain to your argument. Discussion: (1 page) Provide a discussion on how the three cited cases affect your case. Do this in the IRAC (Issue, Rule, Analysis, Conclusion) format. This section is important in that it allows you to show that you have read and critically thought about the cases and how they affect your own case. This is the most important part of this assignment (it must be a minimum of 3 paragraphs) Conclusion: (1 paragraph) Lastly, provide a long form conclusion. This is where you restate your opinion and any business/strategic/practical advice for the lawyer working on this case. LAW204: Legal Research and Writing Assignment 3- Legal Memo Dave entered a BMX racing competition. He is 20 years old. He has been racing for 10 years. The competition is run by "BMX Canada" At the end of the race, he hit the authorized starter, who was standing in the middle of the track to give the signal at the end of the race. Normally the started waives the flag from the side of the track. The starter is very experienced in this sport. Dave then crashed his bike into the wall, and he was injured permanently. He did sign a registration form. On the form, it said in bold in a different typeface: I hereby register as a competitor in the above BMX race. I agree to comply with all rules and conditions. I am aware that BMX Canada assumes no responsibility for any injury to myself or any damage to my bike. Dave said that he had read the form on previous races and that he had at least scanned it on the day of this race. He had never asked for nor received any explanation. He claimed he did not know what all the words meant, and he described the clauses as "mumbo jumbo". He said he really didn't care what it meant and that he signed it because he knew he could not otherwise enter the race. He filed a negligence claim against BMX Canada. David has come to you for advice on the viability of his lawsuit. Write a legal memo based on the facts and law in the three cases below as to whether David will be successful and based on which legal doctrine? Analyze the following cases: Tilden Rent-A-Car Co. v. Clendenning (1978), 18 O.R. (2d) 601. Dobush v. Greater Winnipeg Water District, 1945 CanLII 252 Schuster v. Blackcomb Skiing Enterprises Ltd. Partnership, 1994 CanLII 2855 All three cases are available on Canlii The purpose of a legal memo is to educate the reader about the law relevant to a particular issue and to explain how that law will apply to specific facts. A memo presents an objective analysis of the law, not a persuasive argument intended to advocate on behalf of a client. A memo is typically an in-house document that tries to predict how an impartial judge would decide the case. In working on the Legal Memo Analysis you are at liberty to consult outside sources such as textbooks, legal dictionaries, and online research resources. You are also welcome to explore cases cited in these cases as well as conduct your own independent research into other case. However the Legal Memo is based on an analysis of the three specific cases and the sources to which they refer. In completing the Legal Memo, you are not to go beyond the three cases to address the law in this area more generally. Confine your focus to the three cases. The Legal Memo must by typed, single spaced and two pages long, using a 12 point Times New Roman font, with a 1" margin for all four edges of the page and justified margins. Ensure that you have numbered the pages of your assignment. All authorities must be properly cited according to the rules in the McGill Guide. The Legal Memo is worth 15% of your overall grade in the course. You must submit a copy through Turnitin on D2L by 11:59pm on the due date. Papers that were not uploaded will not be marked. Professional advice is to submit at least 2 hours in advance to account for technical difficulties. P Legal Memo Template Introduction: TO: Assigning Lawyer FROM: You DATE: When Memo is Due RE: [Case/Matter Number] [Client Name] [Matter Name] = [Subject of Memo] Question Presented: (1 paragraph) You will introduce the memo and the question asked of you. This is good practice as many lawyers are handling hundreds of files and they may not remember what they asked you to do. Your grade will reflect your ability to articulate the question asked of you. Short Answer: (1 paragraph) You will then state a short answer. Your grade will reflect your ability to summarize the answer and use only pertinent facts in the short answer. This is where you state your opinion in two or three sentences. There will be time to address all aspects of the issues in the main portion of the memo. Background/Facts: (1 paragraph) You will introduce the facts of the case briefly and as applicable to your memo. You will lose grades for including any facts that do not pertain to your argument. Discussion: (1 page) Provide a discussion on how the three cited cases affect your case. Do this in the IRAC (Issue, Rule, Analysis, Conclusion) format. This section is important in that it allows you to show that you have read and critically thought about the cases and how they affect your own case. This is the most important part of this assignment (it must be a minimum of 3 paragraphs) Conclusion: (1 paragraph) Lastly, provide a long form conclusion. This is where you restate your opinion and any business/strategic/practical advice for the lawyer working on this case. LAW204: Legal Research and Writing Assignment 3- Legal Memo Dave entered a BMX racing competition. He is 20 years old. He has been racing for 10 years. The competition is run by "BMX Canada" At the end of the race, he hit the authorized starter, who was standing in the middle of the track to give the signal at the end of the race. Normally the started waives the flag from the side of the track. The starter is very experienced in this sport. Dave then crashed his bike into the wall, and he was injured permanently. He did sign a registration form. On the form, it said in bold in a different typeface: I hereby register as a competitor in the above BMX race. I agree to comply with all rules and conditions. I am aware that BMX Canada assumes no responsibility for any injury to myself or any damage to my bike. Dave said that he had read the form on previous races and that he had at least scanned it on the day of this race. He had never asked for nor received any explanation. He claimed he did not know what all the words meant, and he described the clauses as "mumbo jumbo". He said he really didn't care what it meant and that he signed it because he knew he could not otherwise enter the race. He filed a negligence claim against BMX Canada. David has come to you for advice on the viability of his lawsuit. Write a legal memo based on the facts and law in the three cases below as to whether David will be successful and based on which legal doctrine? Analyze the following cases: Tilden Rent-A-Car Co. v. Clendenning (1978), 18 O.R. (2d) 601. Dobush v. Greater Winnipeg Water District, 1945 CanLII 252 Schuster v. Blackcomb Skiing Enterprises Ltd. Partnership, 1994 CanLII 2855 All three cases are available on Canlii The purpose of a legal memo is to educate the reader about the law relevant to a particular issue and to explain how that law will apply to specific facts. A memo presents an objective analysis of the law, not a persuasive argument intended to advocate on behalf of a client. A memo is typically an in-house document that tries to predict how an impartial judge would decide the case. In working on the Legal Memo Analysis you are at liberty to consult outside sources such as textbooks, legal dictionaries, and online research resources. You are also welcome to explore cases cited in these cases as well as conduct your own independent research into other case. However the Legal Memo is based on an analysis of the three specific cases and the sources to which they refer. In completing the Legal Memo, you are not to go beyond the three cases to address the law in this area more generally. Confine your focus to the three cases. The Legal Memo must by typed, single spaced and two pages long, using a 12 point Times New Roman font, with a 1" margin for all four edges of the page and justified margins. Ensure that you have numbered the pages of your assignment. All authorities must be properly cited according to the rules in the McGill Guide. The Legal Memo is worth 15% of your overall grade in the course. You must submit a copy through Turnitin on D2L by 11:59pm on the due date. Papers that were not uploaded will not be marked. Professional advice is to submit at least 2 hours in advance to account for technical difficulties. P
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Fundamentals of Law Office Management
ISBN: 978-1133280842
5th edition
Authors: Pamela Everett Nollkamper
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